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Copyright (c) 2013 ILSA Journal of International & Comparative Law
ILSA Journal of International & Comparative Law

ARTICLE: INTERNATIONAL LAW WEEKEND, AMERICAN BRANCH OF THE INTERNATIONAL LAW ASSOCIATION PERSPECTIVES ON CRIMES OF SEXUAL VIOLENCE IN INTERNATIONAL LAW

Spring, 2013

ILSA Journal of International & Comparative Law

19 ILSA J Int'l & Comp L 263

Author

Susana SáCouto *

Excerpt

I. INTRODUCTION

Sexual and gender-based violence (SGBV) during conflict and periods of repression has been a problem in every region of the globe. 1 Historically, these crimes were rarely prosecuted, particularly when government leaders were responsible for tolerating, encouraging, or orchestrating these crimes. 2 However, the last two decades have seen an incredible transformation in the treatment of SGBV under international law. Great strides have been made in the investigation and prosecution of sexual and gender-based crimes, particular by the ad hoc International Criminal Tribunals for the Former Yugoslavia and Rwanda, and the Special Court for Sierra Leone. 3 This essay examines the way in which the world's permanent International Criminal Court (ICC)--which this year celebrates its tenth anniversary--has addressed these crimes and focuses on the impact that the investigative practices of the ICC's Office of the Prosecutor (OTP) have had on the investigation and prosecution of such crimes to date.

II. PROVISIONS WITHIN THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT REGARDING SEXUAL AND GENDER-BASED VIOLENCE

The 1998 Rome Statute establishing the ICC enumerates a broad range of sexual and gender-based offenses as war crimes and crimes against humanity. The Rome Statute includes rape, sexual slavery, enforced prostitution, forced pregnancy, and enforced sterilization under both the war crimes and crimes against humanity provisions and a residual "sexual violence" clause that allows the Court to exercise jurisdiction over other serious sexual assaults of comparable gravity to the named gender-based crimes. 4 Moreover, for ...
 
 
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